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| 1 | +END-USER LICENSE AGREEMENT |
| 2 | + |
| 3 | +1. Preamble |
| 4 | + |
| 5 | +This Agreement governs the relationship between Customer, an Individual or a |
| 6 | +Business Entity, (hereinafter: Licensee) and Chang-Hung Liang (hereinafter: |
| 7 | +Licensor). This Agreement sets the terms, rights, restrictions and obligations |
| 8 | +on using HTTP Prompt (hereinafter: The Software) created and owned by Licensor, |
| 9 | +as detailed herein. |
| 10 | + |
| 11 | +2. License Grant |
| 12 | + |
| 13 | +Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable, |
| 14 | +Commercial, Royalty free, Including the rights to create but not distribute |
| 15 | +derivative works, Non-exclusive license, all with accordance with the terms set |
| 16 | +forth and other legal restrictions set forth in 3rd party software used while |
| 17 | +running The Software. |
| 18 | + |
| 19 | +2.1 Limited: Licensee may use The Software for the purpose of (a) publishing |
| 20 | +The Software's output to Licensee and 3rd Parties; (b) Distribute verbatim |
| 21 | +copies of The Software's output (including compiled binaries); (c) Modify The |
| 22 | +Software to suit Licensee's needs and specifications. |
| 23 | + |
| 24 | +2.2 This license is granted until Licensee or Licensor terminates this |
| 25 | +Agreement. |
| 26 | + |
| 27 | +2.3 Binary Restricted: Licensee may sublicense The Software as a part of a |
| 28 | +larger work containing more than The Software, distributed solely in Object or |
| 29 | +Binary form under a personal, non-sublicensable, limited license. Such |
| 30 | +redistribution shall be limited to unlimited codebases. |
| 31 | + |
| 32 | +2.4 Non-Assignable & Non-Transferable: Licensee may not assign or transfer his |
| 33 | +rights and duties under this license. |
| 34 | + |
| 35 | +2.5 Commercial, Royalty Free: Licensee may use The Software for any purpose, |
| 36 | +including paid services, without any royalties. |
| 37 | + |
| 38 | +2.6 Including the Right to Create Derivative Works: Licensee may create |
| 39 | +derivative works based on The Software, including amending The Software's |
| 40 | +source code, modifying it, integrating it into a larger work or removing |
| 41 | +portions of The Software, as long as no distribution of the derivative works is |
| 42 | +made. |
| 43 | + |
| 44 | +2.7 With support & maintenance: Licensor shall provide Licensee support and |
| 45 | +maintenance of The Software. |
| 46 | + |
| 47 | +3. Term & Termination |
| 48 | + |
| 49 | +The Term of this license shall be until terminated. Licensor may terminate this |
| 50 | +Agreement, including Licensee's license in the case where Licensee: |
| 51 | + |
| 52 | +3.1 became insolvent or otherwise entered into any liquidation process; or |
| 53 | + |
| 54 | +3.2 exported The Software to any jurisdiction where licensor may not enforce |
| 55 | +his rights under this agreement in; or |
| 56 | + |
| 57 | +3.3 Licensee was in breach of any of this license's terms and conditions and |
| 58 | +such breach was not cured, immediately upon notification; or |
| 59 | + |
| 60 | +3.4 Licensee in breach of any of the terms of clause 2 to this license; or |
| 61 | + |
| 62 | +3.5 Licensee otherwise entered into any arrangement which caused Licensor to be |
| 63 | +unable to enforce his rights under this License. |
| 64 | + |
| 65 | +4. Payment and Refunds |
| 66 | + |
| 67 | +Licensee shall pay Licensor a recurring subscription fee, via Credit-Card, |
| 68 | +PayPal or any other mean which Licensor may deem adequate. Licensee will be |
| 69 | +charged the rate stated at the time of purchase, every month or every year. If |
| 70 | +Licensee cancels within 14 days of the order, Licensee will be fully refunded. |
| 71 | +Should Licensee cancel after 14 days, the payment is non-refundable and the |
| 72 | +subscription will continue until the end of that month's or year's billing |
| 73 | +period. |
| 74 | + |
| 75 | +5. Upgrades, Updates and Fixes |
| 76 | + |
| 77 | +Licensor may provide Licensee, from time to time, with Upgrades, Updates or |
| 78 | +Fixes, as detailed herein and according to his sole discretion. Licensee hereby |
| 79 | +warrants to keep The Software up-to-date and install all relevant updates and |
| 80 | +fixes. Licensor shall provide any update or Fix free of charge; however, |
| 81 | +nothing in this Agreement shall require Licensor to provide Updates or Fixes. |
| 82 | + |
| 83 | +6. Support |
| 84 | + |
| 85 | +The Software is provided with support via the GitHub issue tracker |
| 86 | +(https://github.com/eliangcs/http-prompt/issues) and electronic mail. |
| 87 | + |
| 88 | +6.1 Bug Notification: Licensee may provide Licensor of details regarding any |
| 89 | +bug, defect or failure in The Software promptly and with no delay from such |
| 90 | +event; Licensee shall comply with Licensor's request for information regarding |
| 91 | +bugs, defects or failures and furnish him with information, screenshots and try |
| 92 | +to reproduce such bugs, defects or failures. |
| 93 | + |
| 94 | +6.2 Feature Request: Licensee may request additional features in The Software, |
| 95 | +provided, however, that (a) Licensee shall waive any claim or right in such |
| 96 | +feature should feature be developed by Licensor; (b) Licensee warrants that |
| 97 | +feature does not infringe any 3rd party patent, trademark, trade secret or any |
| 98 | +other intellectual property right; and (c) Licensee developed, envisioned or |
| 99 | +created the feature solely by himself. |
| 100 | + |
| 101 | +7. Liability |
| 102 | + |
| 103 | +To the extent permitted under Law, The Software is provided under an AS-IS |
| 104 | +basis. Licensor shall never, and without any limit, be liable for any damage, |
| 105 | +cost, expense or any other payment incurred by Licensee as a result of The |
| 106 | +Software's actions, failure, bugs and/or any other interaction between The |
| 107 | +Software and Licensee's end-equipment, computers, other software or any 3rd |
| 108 | +party, end-equipment, computer or services. Moreover, Licensor shall never be |
| 109 | +liable for any defect in source code written by Licensee when relying on The |
| 110 | +Software or using The Software's source code. |
| 111 | + |
| 112 | +8. Warranty |
| 113 | + |
| 114 | +8.1 Intellectual Property: Licensor hereby warrants that The Software does not |
| 115 | +violate or infringe any 3rd party claims in regards to intellectual property, |
| 116 | +patents and/or trademarks and that to the best of its knowledge no legal action |
| 117 | +has been taken against it for any infringement or violation of any 3rd party |
| 118 | +intellectual property rights. |
| 119 | + |
| 120 | +8.2 No-Warranty: The Software is provided without any warranty; Licensor hereby |
| 121 | +disclaims any warranty that The Software shall be error free, without defects |
| 122 | +or code which may cause damage to Licensee's computers or to Licensee, and that |
| 123 | +The Software shall be functional. Licensee shall be solely liable to any |
| 124 | +damage, defect or loss incurred as a result of operating software and undertake |
| 125 | +the risks contained in running The Software on License's Server[s] and |
| 126 | +Website[s]. |
| 127 | + |
| 128 | +8.3 Prior Inspection: Licensee hereby states that he inspected The Software |
| 129 | +thoroughly and found it satisfactory and adequate to his needs, that it does |
| 130 | +not interfere with his regular operation and that it does meet the standards |
| 131 | +and scope of his computer systems and architecture. Licensee found that The |
| 132 | +Software interacts with his development, website and server environment and |
| 133 | +that it does not infringe any of End User License Agreement of any software |
| 134 | +Licensee may use in performing his services. Licensee hereby waives any claims |
| 135 | +regarding The Software's incompatibility, performance, results and features, |
| 136 | +and warrants that he inspected The Software. |
| 137 | + |
| 138 | +9. Indemnification |
| 139 | + |
| 140 | +Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for |
| 141 | +any lawsuit brought against it in regards to Licensee's use of The Software in |
| 142 | +means that violate, breach or otherwise circumvent this license, Licensor's |
| 143 | +intellectual property rights or Licensor's title in The Software. Licensor |
| 144 | +shall promptly notify Licensee in a case of such legal action and request |
| 145 | +Licensee's consent prior to any settlement in relation to such lawsuit or |
| 146 | +claim. |
| 147 | + |
| 148 | +10. Governing Law, Jurisdiction |
| 149 | + |
| 150 | +Licensee hereby agrees not to initiate class-action lawsuits against Licensor |
| 151 | +in relation to this license and to compensate Licensor for any legal fees, cost |
| 152 | +or attorney fees should any claim brought by Licensee against Licensor be |
| 153 | +denied, in part or in full. |
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